How do I 'exchange'?
Firstly, make contact with the tenant of the property you wish to move to.
If you are both happy to swap with each other you should contact your landlord.
A Waterloo tenant wishing to exchange should complete a standard
tenancy application form for the purpose of updating the Association on
their current household situation. The application should clearly state
on it the address to which the tenant wishes to move.
What happens then?
Upon receipt of the application, a check will be made of your tenancy
file to ensure that no breaches of tenancy are apparent. Your rent account
will also be checked. If rent arrears or other breaches of tenancy exist,
you will be notified within 5 working days in writing that it is a condition
of any exchange that the problems identified are remedied. The letter
will state the matters to be rectified.
If there are no breaches of tenancy that require action by the tenant
and the account is clear, a standard tenancy application form will be
sent to the other party wishing to exchange to the Waterloo property
with a covering letter requesting an appointment to discuss the matter.
An inspection of the Waterloo tenant's home will be conducted to ensure
that there are no re-chargeable repairs or unknown improvements. The
tenant will be advised in writing of any repairs that must be carried
out as a condition of allowing the exchange to proceed.
The Association will require the following matters to be rectified
by the tenant as a condition of moving.
- The removal of unauthorised partitions, walls or archways
- The renewal of cracked or broken glass
- The replacement of non-fire doors with fire doors matching the original
fitting
- The replacement of all missing doors matching the original fitting
- The replacement of all missing stair rails and banisters
- Replacement of missing/ damaged smoke detectors
- The removal of any unauthorised electrical or gas fixed fittings.
If in doubt the Housing Officer will authorise a check before the
exchange is allowed using an appropriately qualified approved contractor
- The removal of any other unauthorised work which could compromise
safety
The following items should be noted and the incoming tenant advised
that he/she would be responsible for such items after the tenancy has
been assigned.
- Minor damage to kitchen units/ work surfaces (e.g. small burn marks)
- Decorations
- Non - standard kitchens which are safe and in good order
- Non standard doors
- Fire places
- Built in wardrobes
- Showers previously approved by the Association
- Additional heating (e.g. gas/ electric fires) previously approved
by the Association
- Fences/ partitions previously approved
- Any other improvements not noted above which do not compromise safety
and the incoming tenant is prepared to accept.
In the event of a tenant failing to rectify any item, which is considered
to be a health and safety hazard, the Association will carry out the
work in default and will re-charge the tenant accordingly. The exchange
will only be allowed to proceed on recovery of the costs of doing this
work.
All improvements will be noted on file and recorded on the letter
of assignment.
Can my application for mutual exchange be refused?
Yes. Consent for the exchange cannot be withheld except on one or
more grounds set out in schedule 3 of the 1985 Housing Act. Consent
to exchange will usually be refused for the following reasons:
- The tenant is required to give up possession under a current court
order
- Proceedings for possession have started with the issue of a current
Notice of Seeking Possession
- The Waterloo accommodation is substantially larger than is reasonably
required by the proposed exchange tenant. A spare bedroom is acceptable,
but the exchange should be refused if there will be more than one
spare room unless there are good management reasons for under letting
substantially
- The size of the accommodation will result in overcrowding
- The property is specially adapted for a disabled person or is part
of a category 1, 2 or very sheltered scheme and the proposed tenant
has no requirement for such accommodation.
It is the responsibility of the Area Manager/ Housing Manager to check
this.
How long will it take to exchange?
Both parties to the exchange will be notified within 42 days
of their initial application. If the exchange is declined, you will
be advised in writing within the 42-day time limit giving particulars
of the ground for refusal, which must only be one or more of those grounds
listed in schedule 3.
The final stages An interview will be arranged with the prospective
tenant to ascertain income and to give advice on Waterloo's tenancy,
housing benefit and any other implications concerning the exchange.
A home visit is preferable; otherwise a telephone interview will take
place.
A letter giving details of the Association's tenant and family will
be sent to the other party's landlord. The letter should request the
landlord's consent for the proposed exchange to proceed.
On receipt of the reply from the other landlord consenting to the
exchange, a report will be prepared for consideration by the area manager/
housing manager.
After approval has been granted, a date for the exchange to take place
will be agreed between the tenants and their respective landlords. A
letter of assignment will be completed and arrangements made for it
to be signed by both the outgoing and incoming tenant and the Housing
Officer. All improvements/ repairs will be recorded on this letter of
assignment. A copy of the original tenancy agreement will also be attached.
This tenancy agreement must not be altered, names crossed out
or dates amended in any way. A copy of the original agreement must be
given to the incoming tenant along with the usual information (handbook
etc) released during a standard letting. The Association's policy and
procedures should at that time be explained to the incoming tenant and
the rent due collected.
The tenants may then exchange by swapping keys.
Once the new tenant has moved in, the usual void electrical/ gas check
should be organised.
The tenancy details held on the Association's computer must then be
amended accordingly.